I have been out of status for 5 years, is it possible to leave country and adjust status based on spouses visa

Asked about 2 years ago - Bloomington, IL

I initially came to the United States on an F1 visa and completed my studies. When I tried switching to an F2 visa my application was sent to the wrong office and by the time I sent it to the correct office I was out of status and application to adjust status was denied.

When we consulted the International student advisor we were advised that nothing could be done to correct the error. She even when as far to say that I will be deported if I contact immigration services. My spouse is now on an HB1 visa. If I go and apply for an H4 visa outside the country what is the possibility that my application will be accepted?

Attorney answers (5)

  1. Dhenu Mitesh Savla


    Contributor Level 17

    Answered . This is a complicated situation. I believe it is risky to go back as after completing your studies, you never got F2 status. If you had been unlawfully present in the US for over 1 yr you might be barred from re-entering the country for a period of 10 years.

    What you may be able to try is to get nunc-pro-tunc adjudication for your F2 status. If that is won, you would be able to get your H4 at the consulate overseas. Aside from that being approved, you risk being stuck outside.

    Dhenu Savla
    SwagatUSA, LLC

  2. Neil Ian Fleischer

    Contributor Level 20


    Lawyer agrees

    Answered . Maybe

    BEcause you had D/s duration of status because you were a student. it MAY be possible you are not accruing unlawful presence. A thorough investigation of your immigration status is in order to see if you are accruing unlawful presence which would affect you leaving the US.


    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Marc Damien Sean Taylor


    Contributor Level 16


    Lawyer agrees

    Answered . I agree with Neil.

    The key is to determine if you have accrued any time - unlawful presence.

    You should consult with an immigration attorney immediately to determine this, so that you do not miss a window of opportunity that may be available to you.

    You can do a search for a local attorney on this site and many offer free initial consultations.

    Marc Taylor, Esq.

  4. Inara Khashmati


    Contributor Level 13

    Answered . Iny my opinion it is very risky!

  5. J Charles Ferrari

    Contributor Level 20

    Answered . Your question is too complex and case specific for it to be answered meaningfully on Avvo.

    You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,695 answers this week

2,845 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,695 answers this week

2,845 attorneys answering